“A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.” —Second Amendment to the United States Constitution

Yesterday, in a narrow 5-4 vote (Scalia, Alito, Roberts, Thomas and Kennedy), the Supreme Court reaffirmed, in District of Columbia v. Heller, that the people’s inherent right to keep and bear arms is plainly enumerated in our Constitution. The Court ruled that the Second Amendment ensures an individual right, that DC could not ban handguns, and that operable guns may be maintained in the homes of law-abiding DC residents.However, the ruling still leaves open the question of whether the Bill of Rights has legal precedence over state and municipal firearm restrictions.

As UCLA Law School professor and constitutional scholar Eugene Volokh points out, “The Heller decision only involved the Second Amendment’s effects on federal laws (including laws of federal enclaves, such as DC). Whether the Constitution limits state and local gun bans—which is to say, whether the Second Amendment is ‘incorporated’ against states and their subdivisions by the Fourteenth Amendment—will have to be decided in a future case.”

I'll never forget the cartoon by Vip that showed this great big giant of a bully with this great big chip of wood on his shoulder, looking down at this ematiated little guy with disgust and scorn telling him: "Go ahead. Knock it off." The next picture showed the little guy with a great big Colt 45 shooting that chip right off his shoulder.

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